CO - James Holmes Trial - *Penalty Phase* #4 - LWOP

[borndem]

Originally Posted by LyndyLoo

I do think the Judge will actually hold a "Sentencing Day" down the road..This part is just deciding LWOP or Death" for the 12 murderedx 2 counts. The later sentencing will be when he announces his decision on the other 140+ guilty charges.

I do hope he doesn't merge or make those sentenced years for those charges ..The other term Judges use is concurrent versus consecutive which means they add all those years to his DP or LWOP. Just as an exclamation mark.

Also this is when the victim can actually address J. directly and tell him exactly what they think!! The impact testimony in Phase 3 was just the rebuttal to the defences PITY PARTY of phase 2.

bbm


This part can be huge!! I watched every minute of one where the victim's 2 daughters and two sons individually looked straight at the convicted defendant (who had raped & killed their very active and well-known 62-year-old mother) & told him what and how they felt, and how it affected him/her.

One line I will never forget is what one daughter said of the defendant's taking their mother from them:

"We weren't through loving her yet." Oh, talk about boo-hoo-ing, I was in a little wet puddle. What an amazing and sad, sad, but beautiful, thing to say.

 

[bookboarder]

Just looking at the victims brings tears to my eyes. Such a sad tale all around. I agree that JH is a monster but I can't help but feel fo everyone whose lives were destroyed by this guy. I fully believe he deserves his punishment but I also feel like proper mental health care might have prevented us from reaching this point to begin with. I suffer with a mental health issues and it's such a fine line to walk. People like JH do no justice to those of us who reach out and get help for our issues no matter how difficult it might be. I'm sure his family had the means to get him good, solid care for his problems. We need to fix the failure of our mental health system so we don't have to see this type of terror again.

I have verbal diarrhea right now. LOL. I am just sad for everyone who was hurt even though I hate the monster he is, it's a shame JH got to such a point.

 

[Rhino-Esq]

Does the judge decide whether to accept the recommendation from the jury or is he bound by what they say?


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I believe he is bound by it, but he is the one that does the sentencing, not the jury. So I am guessing the sentencing will happen all at once at the sentencing hearing which would include all the non-dp charges as well.

 

[Chelly]

Many of us have come to enjoy watching Mr. Brauchler examine, cross examine witnesses and deliver eloquant closing arguments. All with humble class and grace. I am going to miss having him to look forward to.

 

[Whiteorchids]

Lawyer on Denver 7 News (on YouTube) is saying the chances of the shooter actually being executed (if sentenced to death) is very slight.


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Yes I just saw that as well but I already knew that.

 

[Chelly]

I know for sure we will miss one of the best judges we have ever seen, Judge Samour!

 

[NotMyselfNEMore]

I'm not a criminal attorney, but a CO attorney. I believe what the jurors are deciding today is whether JH is eligible for the death penalty based only on the capital charges (25 1st degree murder charges). So then the judge will hold a sentencing hearing to hear from all the victims on all the charges, including the non-DP charges, which will happen later, probably next week.

Excellent, a CO attorney (I know not criminal, but CO law knowledge)! Do you know if JH will be sentenced immediatley on DP/LWOP after the jury verdict?
And is it likely the non-DP sentencing will be livestreamed? TIA

 

[Whiteorchids]

Hi Geevee - miss your well thought out sleuthing on the CMJA thread - good to see you here!
I think you're right about allocution being his time for apologies, although I think if he wanted to make a statement before sentencing, the judge would likely allow it - however doubtful that may be, IMO

Me too. There was a hearing today. I saw some tweets about It.

 

[Whiteorchids]

I know for sure we will miss one of the best judges we have ever seen, Judge Samour!

Yes, he is awesome. I thoroughly enjoyed watching and listening to him.

 

[Chelly]

We all pretty much accept that JH most likely will never be executed due to CO politics, etc. However, it is knowing he has been delivered the harshest sentence the law will allow that gives us a sense of justice.

 

[borndem]

I hear we are ready for a verdict in a couple hours, yes?

Yes, chiquita -- 6:00pm your time, 7:00pm MDT.

Here's one link:

denverpost.com/theatertrial .


ETA: Here's another:

http://www.courtchatter.com/#!james-holmes-trial-stream-1/cmus

 

[Chelly]

Excellent, a CO attorney (I know not criminal, but CO law knowledge)! Do you know if JH will be sentenced immediatley on DP/LWOP after the jury verdict?
And is it likely the non-DP sentencing will be livestreamed? TIA

Every thing that has taken place in open court, hearings, etc. has been live streamed. So why not all the sentencing?

 

[NotMyselfNEMore]

I know for sure we will miss one of the best judges we have ever seen, Judge Samour!

I emphatically agree with you about Judge Samour!

 

[Niner]

It's for the record as he did commit the crime and found guilty of all the crimes thus the system demands a record on sentencing for such a verdict. Of course it doesn't matter in the end..You can only put him to death once..although he could get 12 death penalty findings.

IIRC the judge has already told the jury that after their decision..ALL would be merged into one. This brings to mind ..What IF they found LWOP for say Veronica..but DP for all the others?? Sample only..Since they can't put him to death 12 times..when can't they compromise and let him off on just one??

Too bad they can't kill him 12 times - you know - give him a shot, bring him back, etc. etc. I know, cruel, but Hey!

I'm en route to Disney for the evening (we have annual passes and last minute decided on an evening trip) but I will be GLUED to my phone!!

Have FUN! :mickey:

okay - 25 minutes to go... :waiting:

I'm ready! opcorn:

 

[Rhino-Esq]

Excellent, a CO attorney (I know not criminal, but CO law knowledge)! Do you know if JH will be sentenced immediatley on DP/LWOP after the jury verdict?
And is it likely the non-DP sentencing will be livestreamed? TIA

I am guessing the judge will wait to sentence on all charges together in one sentencing hearing- have no idea if the victim's statements, etc, will be live steamed. The media filed a motion today to be able to take still pictures of those statements, so some were speculating it might not be streamed.

 

[NotMyselfNEMore]

Every thing that has taken place in open court, hearings, etc. has been live streamed. So why not all the sentencing?

I hope so! I'm doubtful because the news outlets asked permission to post still photos, not live feed - but I do hope it's live..

 

[Amster]

Every thing that has taken place in open court, hearings, etc. has been live streamed. So why not all the sentencing?

Probably because it doesn't involve the jury? Or, some touchy-feely nonsense about the killers rights. Might be too mean for the public to hear what his victims think about him....

 

[shiloh42]

I agree: this Judge has been great. I would love to see him elevated to the Supreme Court. I understand this is his first DP case! He has handled it so well. And Brauchler - man. So poised, so deliberate, so unflappable.

I don't really care which penalty he gets, since they're both the same imho, but I still have butterflies in my stomach. I can't imagine the tension of the families of the victim and the family of the killer must be feeling.

 

[turaj]

I can't help but feel for his parents and sister right now. They must be so anxious


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Feel pretty confident about death and would not doubt some outbursts in the gallery.

 

[Whiteorchids]

I'm en route to Disney for the evening (we have annual passes and last minute decided on an evening trip) but I will be GLUED to my phone!!

Florida or Cali? Have fun!!! I'm close to Anaheim Disneyland but haven't been in about 10 years. It has gotten too expensive. Prices are ridiculous.